Birmingham Ry., Light & Power Co. v. Milbrat
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. ■ Action by Alphonse Milbrat, pro ami, against the Birmingham Railway, Light & Power Company. From judgment for plain-, tiff, defendant appeals. Reversed and cause Plaintiff was injured by jumping from a window of the fourth floor of a burning building, leased and occupied by defendant company in the city of Birmingham as its place of business.
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Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. ■ Action by Alphonse Milbrat, pro ami, against the Birmingham Railway, Light & Power Company. From judgment for plain-, tiff, defendant appeals. Reversed and cause Plaintiff was injured by jumping from a window of the fourth floor of a burning building, leased and occupied by defendant company in the city of Birmingham as its place of business. Plaintiff was employed by defendant,. and engaged in the performance of his duties at the time. Count 1 of the complaint is as follows: Plaintiff, a minor, who sues by his next friend,…
1Opinion of the CourtSomerville, J.
[1] It is well settled that:
“It is no part of the duty of a master to Ms servant, employed in a building properly constructed for ordinary business carried on within it, in the absence of a statute requirement, to provide a means of escape from a fire which is not caused by his negligence.” 26 Cyc. 1114 (B), and cases cited.
Section 7095 of our Code is as follows:
“Any owner, proprietor, or manager of any hotel, office building, school building, store, or manufacturing building, which is more than two stories high, now erected, who shall fail for six months after the adoption of this Code to…
2Cases cited25 opinions
- Arms v. AyerIllinois Supreme Court · 1901
- Adler v. MartinSupreme Court of Alabama · 1912
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Landgraf v. KuhIllinois Supreme Court · 1900
- Huffman v. StateSupreme Court of Alabama · 1856
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Boyette v. BradleySupreme Court of Alabama · 1924
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- City of Birmingham v. WestSupreme Court of Alabama · 1938
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Dowdell v. BeasleyAlabama Court of Appeals · 1919
9 more not listed; retrieve them via the Exa API.